National Monument Authority - Aurangaad Circle

The recent developments in all spheres of life has led to rapid urbanization, building of large-scale projects like dams, reservoirs, roads, Special Economic Zones (SEZ), industries, etc., all of which have threatened the destruction of invaluable cultural heritage of this country. Further, the already protected monuments of ASI are also facing severe threat due to the onslaughts of modern developments and rapid urbanization. Keeping this in mind and to safeguard the invaluable cultural heritage of this country, the Parliament of India enacted the Ancient Monuments and Archaeological sites and Remains (Amendment & Validation) Act, 2010 in March 2010. This Act amends the Ancient Monuments and Archaeological Sites and Remains Act, 1958 with several new sections (available in Legislation Section of this website).

The Act clearly defines “PROHIBITED AREA”, a 100 m area in all directions starting from the boundary of “protected area” or “protected monument” and “REGULATED AREA”, a 200 m area in all directions further beyond the prohibited area. These limits can be further extended having regard to classification of any monument or protected area. The purpose of these two distinct areas is to ensure that no new construction, including public projects, takes place within the prohibited areas around the monuments of national importance and to regulate the constructions in the regulated areas. No construction, whatsoever including any public project, will be permitted in the prohibited areas of the protected monuments and that the permissions for construction or reconstruction activities in these areas shall be governed by heritage bye-laws. The Act defines ‘construction’ and ‘reconstruction’ to avoid any ambiguity in interpretation. The Act also defines the term ‘repair and renovation’ which means alterations to a pre-existing structure or building, but shall not include ‘construction’ or ‘reconstruction’. The Act makes provision to enable repairs to structures of same dimensions in the prohibited area, so that the population living in such areas is not affected.

Further, the Act makes provision for the setting up of Competent Authorities in various parts of the country, who shall be accepting the application forms for issuing of NOCs to carry out “repairs”, “reconstruction” and “construction” as per the requirement and ground realities. These applications shall be forwarded to the National Monuments Authority (NMA) along with status report of Competent Authority and the NMA considers the request and recommends for issuing NOC. The National Monuments Authority has already been established and is functioning from 24, Tilak Marg, New Delhi 110011. This Authority shall have a full time Chairperson, five full time and five part-time members having proven experience and expertise from the fields of archaeology, town and country planning, architecture, heritage, conservation architecture or law, with tenure of three years.

The Competent Authority for the State of Maharashtra including Aurangabad Circle is the Regional Director (West), Archaeological Survey of India, the contact details are as follows:-

Applications seeking permissions for repair and renovation in the prohibited areas and regulated areas shall be made before the ‘Competent Authorities’. For construction or reconstruction, only in the regulated areas (i.e. not in the ‘prohibited area’), the requests could also be made to the same authority.

The quantum of punishments to be meted out to the violators in the prohibited and regulated areas has been reviewed and made more stringent by raising three months imprisonment to two years and fine of five thousand rupees to one lakh rupees, or both. Provision has also been made for punishment of imprisonment for a term unto three years or with fine or with both, if a public servant enters into or acquiesces in any agreement to do, abstain from doing, permits, conceals or connives at any act or reconstruction takes place in a prohibited or a regulated area.